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unfair car accident help me please! New York

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  • unfair car accident help me please! New York

    My question involves an injury that occurred in the state of: NY
    Please help me.
    Hi guys. On July 4, i was pulling out of a shopping center parking lot to make a right turn onto the road. Right by the driveway where i was gonna exit, there was a big van legally parked on the street but due to the large size of the car, somewhat hindered my view from seeing the cars that passes by. I inched my way out of the driveway realizing the dangerous situation because i know how fast people go on the street in efforts to make the green light down the block. Sure enough a SUV speeds past me. I check my left and seeing no cars after the SUV, and a yellow/red light the block down, i slowly inched out of the driveway. When my car was completely out of the driveway as i was going to turn right, i instinctively looked at my left again to make sure no car was comming. much to my surprise, i saw a bmw speeding down the road. At this point, i am very scared because if i had stood still, the car would have hit me in the drivers side and perhaps kill me. I take emergency precautions as i see the car headed straight towards me in speeds definitely above the speed limit and noticing that there were no cars comming from the other side of the double lane, tried to move my car up so that he wont hit me. This effort made things worse because as the bmw began to brake hard to stop, he swerved his car also past the double lane causing a collision- his passenger side front hitting the drivers side front of my vehicle. My front end on the drivers side was totaled. The police report seems to be in the other parties favor because i am only 18 yrs old and in police's opinion an inexperienced driver. I am very upset, however, because i am sure that no such accident would have happened if the other party had respected speed limits. Also, if he had not swerved, he would have hit me on the side of even on the rear if i had sped up nd made a turn. this suggests i was already outside the shopping center when he tried to cut around me. Every time i try to explain my situation, it is always reminded that he was going straight and therefore i was negligent of his right of way. i know that he was speeding and/or his brakes were faulty because there is no way such a large collision can occur if he was indeed going "20 mph" like he said. Also, many people witnessing the accident suggested that such accident happens quite often on that street because people often speed on that block to make the green light down the block. One woman at the scene came up to me and stated that every time she crosses the street to go to the shopping center she fears for her life because everyone uses that strip as a speedway to make the green light. I feel like although rules of the road suggests that he had right of way, i was clearly out of the shopping center and just because he had right of way doesnt mean he can cross a double line to cut me off

  • #2
    Based on your post, it does seem like you were at least partly at fault. Did you report the accident to your ins. company? The ins. companies will determine the % of fault of each party.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      yes i understand that i am partly at fault because at the end of the day he had right of way and i was turning. However, what i want to know is how much is my fault. One geico representative suggested that by simple rules of the road, he had right away so i was 100% at fault. i feel like that is bias and not the whole scenerio of the accident because there were factors in the accident in addition to that.

      Also. thank you very much betty for quick and prompt reply. thanks in advance for all other help!
      Last edited by jp1009; 07-06-2009, 07:08 PM.

      Comment


      • #4
        Usually you would be 100% at fault. However; if the ins. cos. determine the other party was speeding or something, it's possible they "may" assign some fault to him.

        The only other thing I can suggest is that you talk to a traffic law attorney.

        I assume no one was given a ticket.
        Last edited by Betty3; 07-06-2009, 08:15 PM. Reason: add info
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          You mention an injury. I might mention that NY is a no-fault ins. state. Talk to your car ins. agent.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            thanks for quick reply betty. i have another question. i went to the bodyshop to take another look at my car. the damage is very bad. The mechanic told me that the body has roughly around 8-9k worth of damage. The impact of the collision and the crush marks of the cars clearly show that the driver of the other vehicle was definitely traveling above speed limits. However, no tickets were issued according to the police report. How can i approach this problem? I was thinking that I will head down to the precinct, ask the officer who wrote the accident report to have it amended and issue the other party a speeding on basis of my statement and the severity of collision on my vehicle. If the police officer does not agree to issue a speeding ticket to the other party, is it within my rights to ask him to add a section in the police report in which the other party claimed to have gone 20mph? This way if i was to prove that the collision on my car came from a collision above 20mph, it would prove the other parties statement as false and lies.

            My question is basically, if it is proven that the other party was indeed traveling above speed limits, what do you think is a good estimate of the % at fault.

            Comment


            • #7
              I can't tell you what % of fault would be assigned to the other driver (if any) even if they were speeding. That would be up to the ins. cos. to determine.

              I don't know if it is a good idea that you go talk to the officer but that is up to you. I would inform your ins. co. of the accident & let them handle or also talk to a traffic law attorney.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Was this a rear collision? Drivers have the duty to leave enough space to keep from hitting the car in front.

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                • #9
                  The poster can come back & verify but it doesn't seem like a typical rear collision per first post. It seems other party was going straight when poster came out of parking lot.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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